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COMPACKAGE END-USER LICENSE AGREEMENT
IMPORTANT - READ CAREFULLY: This End-User License Agreement (the "License Agreement") is a legal contract between you (either an individual or a single business entity) and COMPackage Corp. ("Licensor") for the COMPackage™ software product identified above, which includes computer software and, as applicable, associated media, printed materials, and "online" or electronic documentation (the "Licensed Program"). THE LICENSED PROGRAM IS COPYRIGHTED AND LICENSED (NOT SOLD).
BY CLICKING THE "I ACCEPT" ICON BELOW, OR BY INSTALLING, COPYING, OR OTHERWISE USING THE LICENSED PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, DO NOT INSTALL OR USE THE LICENSED PROGRAM, AND EXIT NOW. THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE LICENSED PROGRAM BETWEEN YOU AND LICENSOR AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES.
If you are not satisfied with the Licensed Program at any time within thirty (30) days of purchase of the license, you are entitled to receive a full refund of any payment made for the Licensed Program by so requesting within thirty (30) days after the date of payment.
1. License Grant. Licensor hereby grants to you, and you accept, a non-exclusive license to download, install and use the Licensed Program in machine-readable, object code form only, and the accompanying User Documentation, only as authorized in this License Agreement. The Licensed Program may be used only on a single computer owned, leased, or otherwise controlled by you; or in the event of the inoperability of that computer, on a backup computer selected by you. Neither concurrent use on two or more computers nor use in a local area network or other network is permitted without separate authorization and the payment of other license fees. The Licensed Program may only be used by you for the purpose of creating Reports to be distributed to your employees. As used herein, "Reports" means the outputted report, generated by the Licensed Program, containing a graphical explanation of the total compensation package of your employees.
2. No Assignment. You agree that you will not assign, sublicense, transfer, pledge, lease, rent, or share your rights under this License Agreement. You agree that you may not reverse assemble, reverse compile, or otherwise translate the Licensed Program.
Upon loading the Licensed Program into your computer, you may retain a copy of the Licensed Program on a CD-ROM for backup purposes. You may make one copy of the User's Manual for backup purposes. Any such copies of the Licensed Program or the User's Manual shall include Licensor's copyright and other proprietary notices. Except as authorized under this paragraph, no copies of the Licensed Program or any portions thereof may be made by you or any person under your authority or control.
3. Licensor's Rights. You acknowledge and agree that the Licensed Program is a proprietary product of Licensor protected under U.S. and international copyright law. You further acknowledge and agree that all right, title, and interest in and to the Licensed Program, including associated intellectual property rights, are and shall remain with Licensor. This License Agreement does not convey to you an interest in or to the Licensed Program, but only a limited right of use revocable in accordance with the terms of this License Agreement.
4. License Fees and Report Generation. The license fees paid by you are paid in consideration of the licenses granted under this License Agreement. Payment of the license fees shall entitle you to generate Reports for the total number of unique employees during the Term of this Agreement as selected by you during the payment phase of this transaction (the "Purchased Reports"). Multiple Reports may be generated during the term for each unique employee but such multiple Reports with respect to such specific employee shall be considered in the aggregate to constitute a single Purchased Report. The Licensed Program will no longer be operable following your generation of the total number of Purchased Reports.
5. Term; Survival of Provisions. This License Agreement is effective upon your installation of the Licensed Program shall continue until the sooner of: 1) one year following such installation date; or 2) the date upon which you have generated cumulatively the total number of Purchased Reports using the Licensed Program. You may terminate this License Agreement at any time by returning the Licensed Program and all copies thereof and extracts therefrom to Licensor. Licensor may terminate this License Agreement upon the breach by you of any term hereof. Upon such termination by Licensor, you agree to return to Licensor the Licensed Program and all copies and portions thereof. The provisions of Sections 2, 3, 6, 7, 9, 10 and 11 shall survive the termination or expiration of this License Agreement.
6. DISCLAIMER OF WARRANTY & LIMITATIONS OF LIABILITY
THIS LICENSED PROGRAM IS PROVIDED "AS IS." LICENSOR AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE LICENSED PROGRAM. LICENSOR AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO TITLE OR INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. GOOD DATA PROCESSING PROCEDURE DICTATES THAT ANY PROGRAM BE THOROUGHLY TESTED WITH NON-CRITICAL DATA BEFORE RELYING ON IT. YOU ASSUME THE ENTIRE RISK OF USING THE LICENSED PROGRAM AND FOR ANY RESULTING LOSS OF OR DAMAGE TO ANY DATA. ANY LIABILITY OF LICENSOR FOR A DEFECTIVE COPY OF THE LICENSED PROGRAM WILL BE LIMITED EXCLUSIVELY TO REPLACEMENT OF YOUR COPY OF THE LICENSED PROGRAM WITH ANOTHER COPY OR REFUND OF THE LICENSE FEE LICENSOR RECEIVED FROM YOU FOR THE DEFECTIVE COPY OF THE LICENSED PROGRAM. IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, LOSSES OF BUSINESS DATA OR LOSSES OF BUSINESS INFORMATION, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long a given warranty may last, so the above limitations may not apply to you.
7. Trademark. COMPACKAGE™ and COMPACKAGE.COM™ are trademarks of Licensor. No right, license, or interest to such trademark is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to such trademark.
8. U.S. Government Restricted Rights. The Licensed Program (including its documentation) are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer for such purpose is Compackage Corp.
9. Governing Law and Arbitration. This License Agreement shall be governed by and construed and enforced in accordance with the internal substantive laws of the Commonwealth of Pennsylvania, without regard to its conflicts of laws provisions. All disputes arising out of or with respect to this License Agreement shall be resolved exclusively by binding arbitration before a single arbitrator in Pittsburgh, Pennsylvania, U.S.A. Such arbitrator shall be appointed by the American Arbitration Association and shall proceed in accordance with the Commercial Arbitration Rules of the American Arbitration Association. If any action is brought by either party to this License Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney fees and expenses of litigation.
10. Severability. Should any term of this License Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.
11. No Waiver. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.